Vansh Gopal vs The State Of Madhya Pradesh
2023 Latest Caselaw 7357 MP

                                                     1
                          IN    THE    HIGH COURT OF MADHYA PRADESH
                                             AT GWALIOR
                                                  BEFORE
                               HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                             ON THE 4 th OF MAY, 2023
                                      MISC. CRIMINAL CASE No. 3954 of 2017

                         BETWEEN:-
                         VANSH GOPAL S/O SHRI MOHAN LAL, AGED ABOUT 58
                         YEAR S, OCCUPATION: AGRICULTURE RESIDENT OF
                         VILL. SAGORIYA KA PURA      DISTRICT MORENA
                         (MADHYA PRADESH)

                                                                           .....PETITIONER
                         (SHRI VIJAY KUMAR JHA- LEARNED COUNSEL FOR THE PETITIONER)

                         AND
                         1.    THE STATE OF MADHYA PRADESH S.H.O. CIVIL
                               LINE MORENA (MADHYA PRADESH)

                         2.    THE SUB-DIVISIONAL MAGISTRATE COLLECTOR
                               DISTT. MORENA (MADHYA PRADESH)

                         3.    JANDEL S/O SHRI MOHANLAL SHARMA
                               RESIDENT OF VILLAGE SAGORIYA KA PURA,
                               HAAL   MADHOPURA,   MORENA    DISTRICT
                               MORENA (MADHYA PRADESH)

                         4.    DEVIRAM S/O JANDEL SHARMA RESIDENT OF
                               VILLAGE   SAGORIYA   KA  PURA,   HAAL
                               MADHOPURA,    MORENA DISTRICT MORENA
                               (MADHYA PRADESH)

                         5.    BHAGWATI S/O JANDEL SHARMA RESIDENT OF
                               VILLAGE   SAGORIYA   KA  PURA,   HAAL
                               MADHOPURA, MORENA, DISTRICT MORENA
                               (MADHYA PRADESH)

                         6.    AASHARAM   @   MANOJ    S/O VASHGOPAL
                               RESIDENT OF VILLAGE SAGORIYA KA PURA,
                               HAAL   MADHOPURA,   MORENA,   DISTRICT
                               MORENA (MADHYA PRADESH)

                                                                          .....RESPONDENTS
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 5/4/2023
6:45:12 PM
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                         (SHRI PRAMOD PACHAURI- LEARNED PUBLIC PROSECUTOR FOR THE
                         RESPONDENT NOS. 1 AND 2- STATE )

                                  This petition coming on for hearing this day, th e court passed the
                         following:
                                                              ORDER

Present petition under Section 482 of CrPC is arising out of order dated 06-04-2017 passed by SDM, Morena in Case No.02-03/20/Section 145 of CrPC.

It is contended by counsel for petitioner once civil proceedings are pending and Civil Court has passed an order of status quo, proceeding either under Section 145 or Section 146 of CrPC is not maintainable before the SDM

as there is already a stay granted by this Court in Second Appeal No.1449 of 2005. Therefore, impugned order dated 06-04-2017 passed by SDM is without jurisdiction and without application of mind as well as contrary to the settled principle of law. By relying upon the judgment passed by Coordinate Bench of this Court in Sudhanshu Sharma vs. Devrat Sharma WP No.4131 of 2016 decided on 07-02-2017, it is contended by counsel for petitioner that if Civil Suit is pending on the same subject, proceedings under Sections 145 and 146 of CrPC cannot continue. It is further contended that this Court vide order dated 13-04-2017 has already stayed impugned order in the light of aforesaid judgment of Sudhanshu Sharma (supra).

Learned counsel for State opposed contentions of petitioner and prayed for dismissal of this petition.

In the light of judgment passed by Coordinate Bench of this Court in the matter of Sudhanshu Sharma (supra), present petition stands allowed and impugned order dated 06-04-2017 passed by SDM, Morena is hereby set aside.

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 5/4/2023 6:45:12 PM

A copy of this order be sent to concerned SDM for information.

(DEEPAK KUMAR AGARWAL) JUDGE MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 5/4/2023 6:45:12 PM